- 1 - HC-KAR CNR: KAHC010376982026 NC: 2026:KHC:43111 MFA No. 4092 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 4092 OF 2026 (CPC) BETWEEN: MRS. SUMAIYA M.N. W/O. MR. SHAHULHAMEED AGED ABOUT 47 YEARS RESIDING AT NO.295 1ST FLOOR, 9TH MAIN MANGO GARDEN LAYOUT NEAR ORCHID SCHOOL BENGALURU - 560 062. …APPELLANT (BY SRI PAMPAPATHI K., ADVOCATE) AND: 1. MR. RAJEEVA G. S/O. MR. YAREPPA AGED ABOUT 38 YEARS BESIDE VENKATESHWARA THEATRE MUNESHWARA BLOCK BSK 3RD STAGE BENGALURU - 560 026. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR. SHARANA G. S/O. MR. YAREPPA G. AGED ABOUT 49 YEARS. ALSO RESIDING AT NO.4081 SHARON PARK LANE, APARTMENT 20 SHARONVILLE, OHIO-45241, USA. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010376982026 NC: 2026:KHC:43111 MFA No. 4092 of 2026 2. SMT.LAKSHMAMMA W/O. LATE SRI VENKATESH AGED ABOUT 52 YEARS. 3. SRI PUNEETH S/O. LATE SRI VENKATESH AGED ABOUT 45 YEARS. 4. SRI JALAJAKSHI K.J. W/O. SRI V. PUNEETH AGED ABOUT 30 YEARS. RESPONDENT NO.2 TO 4 ARE R/AT NO.329, 3RD CROSS LIBRARY ROAD THALAGHATTAPURA KANAKAPURA MAIN ROAD BENGALURU - 560 062. 5. SRI M.S. PRASAD S/O. SRI SHATEGOWDA AGED ABOUT 37 YEARS R/AT NO.203, SILVER SPRING APARTMENTS 1ST CROSS, 2ND MAIN ROAD VASANTHA VALLABA NAGAR KOTHNUR, J.P.NAGAR, 8TH PHASE BENGALURU - 560 076. …RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO THE ORDER DATED 09.03.2026 PASSED ON IA.NOS.1,2 AND 3 IN O.S.NO.1228/2025 BY II ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL, BENGALURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010376982026 NC: 2026:KHC:43111 MFA No. 4092 of 2026 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal filed before this Court is not maintainable in view of Section 19(1) of the Karnataka Civil Courts Act, 1964 and the judgment rendered by the Division Bench of this Court in Smt. Narayanamma -vs- The State of Karnataka in Writ Petition No.17588 of 2024 (GM-RES) c/w Writ Appeal No.200260 of 2025 (GM-RES) dated 8th July, 2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 3.8.2026. 2. In view of the above, this Court deems it appropriate to transfer this matter to the concerned District Court for adjudication of the matter from the stage where it is stopped. 3. Accordingly, I pass the following: O R D E R i) The appeal stands disposed of for statistical purposes; - 4 - HC-KAR CNR: KAHC010376982026 NC: 2026:KHC:43111 MFA No. 4092 of 2026 ii) Registry is directed to transfer the entire record of the case, to the concerned Principal District & Sessions Judge, who may assign it to the concerned Appellate Court having jurisdiction; iii) In case there are pending applications, the same also be transferred to be considered by the learned Judge of the concerned Appellate Court, in accordance with law; iv) It is made clear that this Court has not made any observation as to the merits of the case and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court; Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 7